P. 1
Ms 13 Indictment

Ms 13 Indictment

|Views: 8.738|Likes:
Publicado porHouston Chronicle

More info:

Published by: Houston Chronicle on Apr 19, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

04/19/2012

pdf

text

original

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

UNITED STATES OF AMERICA VS.

1.

2. 3.
4. S.

6. 7.

HECTOR OVIDIO MOLINA FUENTES, AKA HECTOR OVIDIO MADRID AKA NEGRO JOSE GABRIEL GARCIA CALDERON, AKA LUNATICO ERNESTO MANUEL MEJIA, AKA SLEEPY SAMUEL De JESUS ARGUETA, AKA CHUCKY RONALD ALEXANDER GOMEZ, AKA TOPOLLIYO AKA KEEPER JAIME EDUARDO LOPEZ TORRES, AKA PINGUINO CARLOS CONTRERAS AKA PUPUSA Defendants.

§ § § § § § § § § § § § § § § § § § § §

INDICTMENT Vio: 18 U.S.C. § 1962(d)

H 11
UNDER SEAL

-

544

THE GRAND JURY CHARGES: COUNT ONE RACKETEER INFLUENCED CORRUPT ORGANIZATION (RICO) CONSPIRACY TITLE 18 U.S.C. § 1962(d)

THE ENTERPRISE
At various times and material to this indictment: 1. Defendants:

HECTOR OVIDIO MOLINA FUENTES AKA HECTOR OVIDIO MADRID AKA NEGRO JOSE GABRIEL GARCIA CALDERON AKA LUNATICO ERNESTO MANUEL MEJIA AKA SLEEPY SAMUEL De JESUS ARGUETA AKACHUCKY RONALD ALEXANDER GOMEZ AKA TOPOLLIYO AKA KEEPER JAIME EDUARDO LOPEZ TORRES AKA PINGUINO CARLOS CONTRERAS AKAPUPUSA
and others, were members and associates ofa criminal organization in Houston, Texas known as the Mara Salva Trucha, or the MS- ] 3 gang, whose members and associates engaged in murder, attempted murder, drug trafficking, robbery, extortion, and conspiracy to do the same within the Southern District of Texas and elsewhere. 2. "enterprise" The MS-) 3 gang, including its leadership, members, and associates, constituted an as defined by Title ] 8, United States Code, Section ] 961 (4), that is, a group of

individuals associated in fact. The enterprise was engaged in, and its activities affected, interstate and foreign commerce. The enterprise constituted an ongoing organization whose members

functioned as a continuing unit for a common purpose of achieving the objectives of the enterprise. 3. The MS-13 gang is comprised primarily of immigrants or descendants of immigrants

from EI Salvador, with members operating in the Houston, Texas area, and in other cities throughout the United States. The name "Mara Salvatrucha" is a combination of several Spanish slang terms. The word "Mara" is the term used in EI Salvador for "gang." The phrase "Salvatrucha" is a

2

combination of the words "Salva," which is an abbreviation for "Salvadoran," and "trucha," which is a slang term for the warning "fear us," "look out," or "heads up". 4. In order to join MS-J 3, male members are required to complete an initiation process,

often referred to as being "jumped in" or "beat in" to the gang. During that initiation, other members of MS-13 beat the new member, usually until a gang member finishes counting aloud to thirteen. Female members could be "jumped in" or could submit to sexual activity with gang members. 5. MS- J3 members often signify their membership by wearing tattoos reading "MARA

SAL VATR UCHA," "MS," "MS-13," or similar slogans, often written in Gothic lettering. 6. MS- 13 members often display the gang's colors, blue and white, and members often

wear clothing bearing the number "13," or with numbers that, when added together, totaled 13. MS] 3 members have more discreetly and less publicly signified their membership by hiding and avoiding such clothing and tattoos in order to avoid detection by law enforcement. 7. MS-] 3 members from time to time mark their territory or signify their presence

through the use of graffiti with the words "MS" or other identifying slogans. 8. MS- ) 3 members pay dues that are collected at gang meetings. MS- )3 members

collect dues for the benefit of, and to be provided to, MS-13 gang members who are imprisoned in the United States, in EI Salvador, Panama, and elsewhere. 9. MS-13 members transfer funds to MS- 13 members incarcerated in prison elsewhere. also collect dues to buy firearms to be used in the conduct ofMS-J3's illegal

MS-J3 members activities.

3

PURPOSE ] O.

OF THE ENTERPRISE

The purposes of the Enterprise included the following: a. Preserve and protect the power, territory, reputation, and profits of the

enterprise through the use of intimidation, violence, threats of violence, assaults, and murder; b. Promote and enhance the enterprise and the activities of its mem bers and

associates, including, but not limited to, murder, attempted murder, narcotics trafficking, robberies, extortion, and other criminal activities; c. Keep victims, potential victims, and community members in fear of the

enterprise and its members and associates through violence and threats of violence; d. Provide financial support and information to MS-]3 members, including those

incarcerated in the United States and elsewhere; and e. Purchase and sell firearms used to intimidate potential victims and commit crimes.

the aforementioned

MANNER AND MEANS OF THE ENTERPRISE ) 1. Among the means and methods by which the defendants conducted and participated

in the conduct of the affairs of the Enterprise were the following: ) 2. AKA NEGRO; MANUEL HECTOR OVIDIO MOLINA FUENTES, AKA HECTOR OVIDIO MADRID, JOSE GABRIEL GARCIA CALDERON, SAMUEL AKA LUNATICO; ERNESTO

MEJIA,

AKA SLEEPY;

DE JESUS ARGUETA,

AKA CHUCKY;

RONALD ALEXANDER LOPEZ TORRES,

GOMEZ, AKA TOPOLLIYO,

AKA KEEPER; JAIME EDUARDO AKA PUPUSA ("Defendants")

AKA PINGUINO;

CARLOS CONTRERAS,

and members and associates of the enterprise, both known and unknown, committed acts of violence

4

and intimidation in order to protect the name, reputation, and status of the gang from rival gang members. ) 3. Defendants and members and associates of the enterprise, both known and unknown,

committed acts of violence to maintain membership and discipline within the gang, including violence against MS-J3 members and associates who violate the gang's rules. 14. Defendants and members and associates of the enterprise, both known and unknown,

were required by the gang's leadership to commit acts of violence, including murder, against rival gang members in order to maintain or increase their position in the gang. 15. Defendants and members and associates of the enterprise, both known and unknown,

were required to be silent about gang activity and prohibited from cooperating with law enforcement. The sanction for violating the code of silence is termed a "green light." A green light is the gang's approval of the killing of someone suspected of cooperating with law enforcement. 16. Defendants and other members and associates ofthe Enterprise, known and unknown,

would and did use mobile telephones, telephone text messages, computer based social network sites, and other modes of communication to discuss gang business including the commission of illegal activity in furtherance of the Enterprise. 17. Defendants and members and associates of the Enterprise, both known and unknown,

organized in the Houston area in "cliques," that is, smaller groups operating in a specific city or region. These "cliques" hold regular meetings to discuss gang rules and business including criminal activity.

5

ROLES OF CO-CONSPIRATORS 18. The leaders of individual MS-13 cliques are typically called "shot callers" or "Jefe Above the "clique boss" are

de Clica" or Clique boss or "Palabrero" or one who has the Word.

MS-J3 leaders, often referred to as the "Corredores de Programa" or Program Leaders, above them are the "Palabreros de Programa" or Program Shot Caller. Above the Program Shot Callers are the

Principle Shot Callers and finally the "Cabecillas Nacionales'.' or National Heads some of whom are incarcerated telephones. ] 9. AKA NEGRO HECTOR OVIDIO MOLINA FUENTES and JOSE GABRIEL AKA HECTOR OVIDIO MADRID, AKA LUNATICO, were shot in EI Salvador, who convey their orders through, among other means, the use of

GARCIA CALDERON,

callers ofM S-J3 Cliques. ERNESTO MANUEL MEJIA, AKA SLEEPY; SAMUEL DE JESUS ARGUETA, KEEPER; CONTRERAS, AKA CHUCKY; RONALD ALEXANDER GOMEZ, AKA TOPOLLIYO, JAIME EDUARDO LOPEZ TORRES, AKA PINGUINO, AKA

CARLOS

AKA PUPUSA were MS-J3 gang members. THE RACKETEERING CONSPIRACY - ] 9 as though fully restated

20.

The Grand Jury incorporates by reference paragraphs]

and realleged herein. Beginning at least as early as September 20] 0, and continuing through on or about July 28, 2011, in Houston, Texas, and elsewhere, in the Southern District of Texas, the defendants, HECTOR OVIDIO MOLINA FUENTES AKA HECTOR OVIDIO MADRID AKA NEGRO JOSE GABRIEL GARCIA CALDERON AKA LUNATICO
6

ERNESTO MANUEL MEJIA AKA SLEEPY SAMUEL De JESUS ARGUETA AKA CHUCKY RONALD ALEXANDER GOMEZ AKA TOPOLLIYO AKA KEEPER JAIME EDUARDO LOPEZ TORRES AKA PINGUINO CARLOS CONTRERAS AKA PUPUSA

being persons employed by and associated with the MS-] 3, the Enterprise described above, which engaged in, and the activities of which affected, interstate and foreign commerce, did knowingly. combine, conspire, confederate, and agree with others known and unknown to the Grand Jury, to violate Title) 8, United States Code, Section 1962(c), that is, to conduct and participate, directly and indirectly, in the conduct of the affairs of the Enterprise through a pattern of racketeering activity. as that term is defined in Title ) 8, United States Code, Sections 1961(J) and (5), consisting of multiple acts and threats involving: (a) Murder, Attempted Murder, and Conspiracy to Commit Murder, in violation

of Texas Penal Code, Sections] 9.02. I5.01, 15.02, and 7.01. (b) (c) Extortion in violation of Texas Penal Code, Section 3 1.03. Robbery, Conspiracy to Commit Robbery, and Attempt to Commit Robbery and 7.01; and

in violations of Texas Penal Code, Sections 29.02,15.01,15.02, (d)

Acts involving narcotics distribution, ie. cocaine and marijuana, in violation

of Title 21, United States Code, Section 84 I(a)(]), 846 and Title 18, United States Code, Section 2 and acts which are indictable under the following provision of federal law: (e) 18 United States Code Section 195] (Hobbs Act Robbery).
7

2] .

It was further part of the conspiracy that the defendants agreed that a conspirator

would commit at least two acts of racketeering activity in the conduct of the affairs of the Enterprise. All in violation of Title ] 8, United States Code, Section] 962(d)
COUNT TWO (Murder of Saul Garduno)

The Grand Jury further charges:
1.

At all times relevant to this Indictment, the MS- I3, as more fully described in

Paragraphs ] through] 9 of Count One of this Indictment, which are realleged and incorporated by reference as though set forth fully herein, constituted an enterprise as defined in Title] 8, United States Code, Section 1959(b)(2), namely the MS-] 3 Enterprise, that is, a group of individuals associated in fact which was engaged in, and the activities of which affected, interstate and foreign commerce. The MS- J 3 Enterprise constituted an ongoing organization whose members functioned as a continuing unit for a common purpose of achieving the objectives of the enterprise. 2. At all times relevant to this Indictment, the above-described enterprise, through its

..

members and associates, engaged in racketeering activity as defined in Title J 8, United States Code, Sections] 959(b)( I) and] 961 (1), namely, acts involving murder in violation of Texas Penal Code, Sections 19.02 ,15.0 I, 15.02, and 7.0], robberies in violation of Texas Penal Code, Sections 29.02, ] 5.01, 15.02, and 7.01, extortion in violation Texas Penal Code, Section 31.03, and narcotics distribution, ie. cocaine and marijuana, in violation of Title 2 I, United States Code, Section

84] (a)( 1), 846 and Title] 8, United States Code, Section 2.

8

3.

On or about March 14,2011, in the Southern District of Texas and elsewhere, for the

purpose of gaining entrance to and maintaining and increasing their position in the MS-] 3 Enterprise, an enterprise engaged in racketeering activity, Defendants,

JOSE GABRIEL GARCIA CALDERON AKA LUNATICO
aided and abetted by others, known and unknown, did commit murder to wit: intentionally and

knowingly caused the death of Saul Garduno, in violation of Texas Penal Code, Sections 19.02 and 7.01. All in violation of Title 18, United States Code, Section] 959(a)( 1) and Section 2.

COUNT THREE
(Murder The Grand Jury further charges: I. At all times relevant to this Indictment, the MS-] 3, as more fully described in of Jonathan Hernandez)

Paragraphs 1 through ) 9 of Count One of this Indictment, which are realleged and incorporated by reference as though set forth fully herein, constituted an enterprise as defined in Title) 8, United States Code, Section ) 959(b )(2), namely the MS-13 Enterprise, that is, a group of individuals associated in fact which was engaged in, and the activities of which affected, interstate and foreign commerce. The MS-13 Enterprise constituted an ongoing organization whose members functioned

as a continuing unit for a common purpose of achieving the objectives of the enterprise. 2. At all times relevant to this Indictment, the above-described enterprise, through its

members and associates, engaged in racketeering activity as defined in Title] 8, United States Code, Sections] 959(b)(]) and 196] (l ), namely, acts involving murder in violation of Texas Penal Code, Sections] 9.02 ,15.0], 15.02, and 7.01, robberies in violation of Texas Penal Code, Sections 29.02,
9

15.01, 15.02, and 7.0), extortion in violation Texas Penal Code, Section 31.03, and narcotics distribution, ie. cocaine and marijuana, in violation of Title 21, United States Code, Section

841 (a)(I), 846 and Title 18, United States Code, Section 2. 3. On or about May 5,2011, in the Southern District of Texas and elsewhere, for the

purpose of gaining entrance to: and maintaining and increasing their position in the MS-) 3 Enterprise, an enterprise engaged in racketeering activity, Defendants,
JOSE GABRlEL GARCIA CALDERON AKA LUNATICO SAMUEL De JESUS ARGUETA AKA CHUCKY RONALD ALEXANDER GOMEZ AKA TOPOLLIYO AKA KEEPER

aiding each other, did commit murder to wit intentionally and knowingly caused the death of Jonathan Hernandez, in violation of Texas Penal Code, Sections )9.02 and 7.01. A)) in violation of Title 18, United States Code, Section) 959(a)()) and Section 2.
COUNT FOUR (Murder of Anayanci Roche)

The Grand Jury further charges: I. At all times relevant to this Indictment, the MS-13, as more fully described in

Paragraphs ) through )9 of Count One of this Indictment, which are realleged and incorporated by reference as though set forth fulJy herein, constituted an enterprise as defined in Title 18, United Slates Code, Section )959(b)(2), namely the MS-13 Enterprise, that is, a group of individuals associated in fact which was engaged in, and the activities of which affected, interstate and foreign

10

commerce.

The MS·]3 Enterprise constituted an ongoing organization whose members functioned

as a continuing unit for a common purpose of achieving the objectives of the enterprise. 2. At aJl times relevant to this Jndictment, the above-described enterprise, through its

rnembers and associates, engaged in racketeering activity as defined in Title 18, United States Code, Sections I 959(b)( I) and 196] (I), namely, acts involving murder in violation of Texas Penal Code, Sections] 9.02,15.0], ] 5.02, and 7.01, robberies in violation of Texas Penal Code, Sections 29.02,

]5.01, ]5.02, and 7.01, extortion in violation Texas Penal Code, Section 31.03, and narcotics distribution, ie. cocaine and marijuana, in violation of Title 2], United States Code, Section

84] (a)(1), 846 and Title 18, United States Code, Section 2. . 3. On or about June I, 20) ) , in the Southern District of Texas and elsewhere, for the

purpose of gaining entrance to and maintaining and increasing their position in the MS-) 3 Enterprise, an enterprise engaged in racketeering activity, Defendants, HECTOR OVIDIO MOLINA FUENTES AKA HECTOR OVIDIO MADRID AKA NEGRO JOSE GABRIEL GARCIA CALDERON AKA LUNATICO ERNESTO MANUEL MEJIA AKA SLEEPY SAMUEL De JESUS ARGUETA AKA CHUCKY RONALD ALEXANDER GOMEZ AKA TOPOLLIYO AKA KEEPER CARLOS CONTRERAS AKA PUPUSA aiding each other, did commit murder to wit: intentional1y and knowingly caused the death of Anayanci Roche, in violation of Texas Penal Code, Sections ]9.02 and 7.01.

11

All in violation of Title] 8, United States Code, Section) 959(a)( n_aQection

2.

A TRUE BILL:

ORJGJNAL SIGNATURE ON FILE FOREPERSdN Of THE 9RAND JURY

JOSE ANGEL MORENO UNITED STATES ATIORNEY SOUTHERN DISTRJCT OF TEXAS

ttorney

Mark Donnelly Assistant United States Attorney

12

You're Reading a Free Preview

Descarga
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->